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By Aidan Mortensen | KOAL News | Photo courtesy of the Utah State Senate

A yearslong journey has reached its end. On Wednesday, March 26, Utah Gov. Spencer Cox signed HB127, more commonly known as Ashley’s Law, into law.

The bill amends Utah’s sentencing guidelines, increasing the penalty for rape of an incapacitated adult. Initially, the sentencing guidelines for rape were five years to life in prison if the victim is an adult, with no deviations for individuals with disabilities.

Now the penalty increases to 10 years to life in prison if the victim is “incapacitated,” which the law defines as: “An individual 14 years old or older who, as a result of an intellectual, physical, neurological, or cognitive disease or defect, is unable to: (A) appraise the nature of an act of sexual intercourse; (B) resist or escape an act of sexual intercourse; or (C) report an act of sexual intercourse committed against the individual.”

The bill requires that two of the three criteria be met to be considered incapacitated.

This amendment comes following the death of Ashley Vigil, a severely disabled woman who was raped by her stepfather Brian Kenneth Urban, an action which is suspected to have led to Vigil’s death.

Attorney Nathaniel Woodward, who championed the bill, spoke excitedly to Castle Country Radio of the legislation’s signing, stating,” Ashley’s law means more than anyone could imagine; it is a legacy for a pure and sweet soul who will now be the justice for those who come after, a victory for a mother who called her community to battle to fight for that legacy, it has helped heal a political divide in that community and reminded us that our politics should never come before our commitment to one another.”

This bill was a bipartisan effort, with Rep. Mark Strong, R-Herriman, and Sen. Jen Plumb, D-Salt Lake, sponsoring it on its journey through the legislature.

Ashley’s Mother, Paula Dickson, shared the following with Castle Country Radio following the signing,” Ashley was an absolutely amazing young woman. I was blessed to be her mom. I hate that this law needed to be created, but I’m very glad if something like this happens again, the rapist will go away for a long time.”

The bill was modified while in the Senate, as initially it sought a 15 years to life sentence for the crime, but due to a fiscal note, the amount was lowered to 10 years.

“Ashley Vigil lives on in more than memory or codified into our laws, her soul remains in each of those who joined in this fight,” expressed Woodward,” Most importantly, Ashley’s Law reawakened the political might that is an organized and passionate Carbon County – Once we united, there was never a chance this effort could fail. We owe it to Ashley to keep going, to keep pushing.”

Woodward closed stating,” We have won this fight, ready for the next one?”

The bill was signed during a signing session during which 99 other pieces of legislation received the Governor’s signature.

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